SARASWATI INTER COLLEGE Vs. CHANDRA PRAKASH
LAWS(ALL)-2015-5-66
HIGH COURT OF ALLAHABAD
Decided on May 15,2015

Saraswati Inter College Appellant
VERSUS
CHANDRA PRAKASH Respondents

JUDGEMENT

SUDHIR AGARWAL, J. - (1.) SRI Sharad Malviya, learned counsel for the appellant and Sri A.N.Bhargawa, learned counsel for the respondent.
(2.) BOTH these appeals under Section 100 C.P.C. have come up at the instance of defendants in the suit against common judgment and decree dated 20.9.1975 passed by Sri B.N.Srivastava, Ist Additional District Judge, Jhansi.
(3.) THE two substantial questions of law, whereupon counsel for the parties have addressed this Court, are as under : i. Whether Kalawati acquired limited ownership right over the property in dispute despite having been transferred the disputed property vide gift deed dated 10.01.1941? ii. Whether gift deed executed by Kalawati on 18.12.1967 transferred only limited rights to the defendant -appellant in disputed property, which came to an end on 14.01.1971 so as to devolve disputed property after death of Kalawati, upon plaintiff -respondent? The facts in brief, necessary for appropriate adjudication of the aforesaid questions, are stated as under :;


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